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Will Indiana legalize medical marijuana? One lawmaker is writing a plan after federal moves

Legislation to legalize medical marijuana in has failed numerous past sessions in Indiana.
Jess Vide
/
Pexels
Legislation to legalize medical marijuana in has failed numerous past sessions in Indiana.

One Indiana senator is already planning to work on legislation to bring medical cannabis to the state as the federal government moves to lessen restrictions on medical marijuana.

Numerous lawmakers have penned legislation to legalize medical marijuana in recent years, as all other states around Indiana have legalized cannabis in some form.

Sen. Mike Bohacek (R-Michiana Shores) announced that he is working on a proposal that would create a state-licensed medical marijuana system. He said the measure considers federal changes and Gov. Mike Braun’s willingness to consider legislation.

"The use of medical marijuana has been proven to be beneficial for some medical disorders and could help people throughout the state who are suffering find some relief,” Bohacek said in a statement.

The federal government recently decided to reclassify medical marijuana as a Schedule III drug instead of Schedule I. This move now places the drug in the same category as Tylenol with codeine and anabolic steroids. The change also allows for more research to be conducted on medical marijuana.

However, the broader rescheduling of marijuana is still uncertain. The Drug Enforcement Administration plans to have hearings on the issue beginning in June.

Indiana does not have a legal marijuana program and has been considered to have some of the most stringent laws of the drug in the country.

Bohacek did not release many specifics about what his legislation would do, but he did say he wants to establish a program with parameters to ensure the drug is properly regulated and distributed by healthcare professionals.

He said he not only sees this as a benefit for Hoosier’s health but also a potential economic driver for the state.

“Indiana has already allowed the sale of delta-8 THC and other similar cannabinoids, so creating a tax policy is a logical next step in expanding the use of THC products,” Bohacek said. “There is potential to bring in millions of dollars in tax revenue every year."

Hoosiers are already spending anywhere between $1.2 and $2.6 billion annually on cannabis products, according to a recent report from the Richard M. Fairbanks Foundation.

That is likely because Indiana is surrounded by states that have either created their own medical marijuana system or have legalized it for recreational use.

Bohacek said his legislation would also update the state’s impairment laws and create training for law enforcement to identify those who are impaired by marijuana use.

Jeff Staker, the founder of Hoosier Veterans for Medical Cannabis, has been fighting for medical marijuana legislation in Indiana for 10 years.

He said during his time advocating for a medical marijuana commission, he’s seen around 15 bills be proposed in the Indiana legislature, but none have gone anywhere. He said the most common pushback he’s heard was that Indiana lawmakers wouldn’t touch the subject until it was rescheduled by the federal government.

“That’s one of the cans that our politicians try to kick down the road, and now they can’t kick the can down the road because the road doesn’t exist anymore,” Staker said.

Veterans have been one of the most vocal groups at the state and national level advocating for medical marijuana availability.

Staker believes that lawmakers should look at creating an independent cannabis compliance authority, which would be a quasi-legislative and judicial authority that would be run by experts and bi-partisan board members.

He said that veterans who struggle with PTSD or chronic pain, like himself, would greatly benefit from having access to a medical marijuana system in Indiana.

“Veterans don't want to feel like criminals and we've had a lot of veterans in the past leave the state and go to states like Michigan, that have medical cannabis laws,” Staker said. “And we call them cannabis refugees.”

The 2027 legislative session is expected to begin in January.

Contact Government Reporter Caroline Beck at cbeck@wfyi.org

Caroline Beck is a government reporter for WFYI. She previously worked as an education reporter at IndyStar, with a focus on Marion County schools. Before that she covered the statehouse for Alabama Daily News in Montgomery, Alabama.